Legal Question in Elder Law in California

Will

Thank you for your reply, help and suggestions. In regards to my original question I want to add that for the past five years I've had durable power of attorney as well as medical power of attorney for my 89 year old Mother. Would this mean my Brother (while visiting from another state) could not have her change her will while she is in a convalescent home recovering from a B 12 vitamin deficiency as well as suffering from slight dementia. Thank you Nancy Miller


Asked on 4/21/08, 12:03 pm

2 Answers from Attorneys
Gordon Fauth Fauth Law Offices

Re: Will

The durable power of attorney does not prevent your mother from changing her will. A new will would probably be valid if: (1) your mother had the mental capacity to act, (2) she made the change knowingly, i.e., was not tricked, and (3) the new will was properly executed--in California, execution of a written (non-holographic) will requires witnesses.

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Answered on 4/21/08, 2:49 pm
Phillip Lemmons, Esq. Phillip Lemmons APC, Attorneys at Law

Re: Will

Your brother could have had your mother sign lots of things. Among them could be a will, trust or powers of attorney. She could of signed a declaration nominating your brother to serve as her conservator.

This issue is whether or not your mother had the capacity to act. If she did, then the documents may be valid. If she didn't they may be voidable. You will have to take action to invalid the document.

Gather as much information about your mother (on the day she signed) as possible. Was she on meds? What are the side effects? Who else was present when she signed? What did she think she was signing and so on.

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Answered on 4/21/08, 12:33 pm


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